The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1887-09-16
TIMBER CULTURE ENTRIES.
Mr. Sparks Issues New instructions
in REGARD to Them.

uAEs SphFAb 1S6ucb new 1n0tGuCt1on0
in Regard to Them.
A new circular Of instructions BY the CON-
missioner Of the general land Office, approved
by Secretary Lamar, has been issued In regard
to timber culture filings, in which there are
several new points. In the first place the ap-
plicant must be known by or satisfactorily
identified before the officer administering the
timber culture affidavit. Second, non-min-
eral affidavit must also be taken by the appli-
can't The offering Of relinquishments for
sale will be treated as evidence tending to
prove the fraudulent or speculative character
Of the entry. In computing the period of
cultivating the time runs from the date when
the total number Of trees, seeds or cuttings re-
Quired by the act are planted.
Hereafter parties desiring to offer final proof
in timber culture cases will be required to file
notice of their intention with the register,
and the samo shall be published In the same
manner as homestead and pre- -emption cases.
Contest may be instituted against timber cul-
ture entries for illegality or fraud In the ncep-
ton Of the entry, for failure to comply with
the law after entry, or for any sufficient cause
affecting the legality or validity of the claim
Contestants Of timber culture entries since
the adoption Of the foregoing rules of practice
are not required to file an application to enter
the land at the time Of the initiation Of contest
but the successful contestant secures a prefer
ence right of entry under the second section
Of the act Of May II, 1850. This regulation
overrules the decision in Bundy vs.. Livingston.
No land acquired under the provisions of the
act Of June II, 1878, will In any event become
liable to the satisfaction Of any debt or debt,
contracted prior to the issuing Of tho final cer.
tificate thereof.
The preparation Of the ground by breaking
aud cultivating to crops must be thorough.
The plowing must be done at the proper sea.
son Of the year and must be sufficiently deep
to thoroughly break and mix the soil, and the
cultivation to crop must be actual and bona
fide. Tho object OF the law is to promote the
cultivation Of timber, and land not made 1T,
by careful and thorough preparation, to pro.
duce a growth Of trees, is not prepared as con.
templated by law, aud failure to strictly CON-
ply with the law renders tho entry liable 10
contest.
Where the ground is properly prepared and
cultivated, and the planting Of suitable trees,
seeds or cuttings is we'll or seasonably done,
and the same should not germinate and grow,
the ground must bo replanted and vscancie.
filled the same or next succeeding season. II
the trees, seeds or cuttings are destroyed by
grasshoppers or by extreme and unusual
drouths, the time Of planting may be extended
one year for every year of such destruction,
upon tho filing in the local land Office Of an
affidavit by the entryman, corroborated BY
two witnesses, setting forth the destruction
and asking the extension Of time provided fol
by the act.
The timber culture affidavit, and the non
mineral affidavit, can be made only upon tn,
personal knowledge Of afflant, and neither O.
said affidavits can be made by any other per
son than the applicant himself. Any persol
falsely swearing to any affidavit required b,
law or regulations under the timber cultur,
act, is guilty Of perjury, and will be punished
as the law provides for such ofense